Hudak v. State of New York Policemen's & Firemen's Retirement System

OPINION OF THE COURT

Edward S. Conway, J.

This is an article 78 proceeding in which petitioner seeks a judgment annulling and reversing a determination of the State Comptroller which denied petitioner’s application for accidental disability retirement.

Petitioner was employed by the City of Binghamton as a fireman from 1946 until January 26, 1962 when he was terminated. He was admitted to the Veterans Administration Hospital in Syracuse as a mental health patient in January of 1962 and was hospitalized as a mental health patient until November of 1966.

Petitioner filed his application for…